H-3117.1
HOUSE BILL 2726
State of Washington
65th Legislature
2018 Regular Session
By Representatives Buys and Tarleton
Read first time 01/15/18. Referred to Committee on Capital Budget.
AN ACT Relating to public-private partnerships for alternative public works contracting; amending RCW 39.10.230; reenacting and amending RCW 43.131.408; adding a new chapter to Title 39 RCW; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Affected jurisdiction" means any public body within the state of Washington in which all or part of a project implemented by another public body under this chapter is located or which is directly affected by a public-private facility or public-private agreement.
(2) "Capital maintenance" means maintenance or rehabilitation performed either (a) to extend the useful life of a facility, system, or component or (b) to restore a public-private facility to the condition required before expiration of the public-private agreement.
(3) "Concessionaire" means any private entity that has entered into a public-private agreement with a public body under this chapter.
(4) "Construction" means the process of building, altering, retrofitting, improving, or demolishing any public-private facility, including any structure, building, or other improvements of any kind to real property. "Construction" does not include the routine operation, routine repair, routine maintenance, or capital maintenance of any existing public-private facility, including structures, buildings, or real property.
(5) "Design-build-finance" means a project delivery method in which a public body enters into a single contract for design, construction, and full or partial private financing of a public-private facility over a contractually defined term.
(6) "Design-build-finance-operate-maintain" means a project delivery method in which a public body enters into a single contract for design, construction, finance, maintenance, and operation of a public-private facility over a contractually defined term. Public funds must not be appropriated to pay for any part of the services provided by the concessionaire during the agreement period, except as provided in the request for proposals and final public-private agreement.
(7) "Design-build-operate-maintain" means a project delivery method in which a public body enters into a single contract for the design and construction, and the maintenance or operation, or both, of a public-private facility over a contractually defined term, and for which public funds are appropriated.
(8) "Maintenance" means routine maintenance, routine repair, rehabilitation, capital maintenance, maintenance replacement, and any other categories of physical maintenance or upkeep of a public-private facility that may be designated by the public body.
(9) "Offeror" means a private entity who submits a statement or qualifications or a proposal in response to a request for qualifications or request for proposals for a public-private agreement.
(10) "Operate" means any action other than maintenance to operate or facilitate the use of a public-private facility for its intended purpose.
(11) "Private entity" means a person, corporation, general partnership, limited liability company, limited partnership, joint venture, business trust, public benefit corporation, nonprofit entity, or other business entity.
(12) "Public body" has the same meaning as defined in RCW 39.10.210.
(13) "Public-private agreement" means a contract between a public body and a private entity that relates to the development, financing, maintenance, or operation of a public-private facility. The public-private agreement may implement a design-build-operate-maintain, design-build-finance-operate-maintain, design-build-finance, or other public-private project delivery method.
(14) "Public-private facility" means a new or existing property, facility, or improvement that serves a public purpose, is developed for a public body, and is subject to a public-private agreement including, but not limited to, civic or education facilities, roads, bridges, public transit systems, ferry facilities, port facilities, airports, intermodal systems, other transportation facilities, cultural or recreational facilities, medical facilities, utility facilities, and telecommunications facilities.
(15) "Request for proposals" means all documents, whether attached to or incorporated by reference, utilized for soliciting proposals for a public-private facility under this chapter.
(16) "Request for qualifications" means a solicitation issued by a public body under section 2(7)(a) of this act.
(17) "Responsible offeror" means a private entity that meets all criteria stated in RCW 39.04.350, has the capability in all respects to fully perform the requirements of the public-private agreement, and has the integrity and reliability to assure good faith performance.
(18) "Responsive offeror" means a private entity who has submitted a statement of qualifications or a proposal that conforms in all material respects to the applicable request for qualifications or request for proposals.
(19) "User fees" means any rates, tolls, fares, fees, or other charges imposed for use of all or part of a public-private facility.
NEW SECTION.  Sec. 2.  (1) A public body may, subject to the requirements of this chapter, utilize the request for qualifications-request for proposals process or request for proposals process provided in this section and enter into a public-private agreement with the responsible and responsive offeror who submits the proposal receiving the highest evaluation for the development, financing, design, construction, operation, or maintenance of a public-private facility. The proposal must fully comply with all applicable requirements of federal, state, and local law, including chapters 39.08, 39.12, and 39.19 RCW. Chapter 39.19 RCW applies to any public-private agreement procured pursuant to this chapter regardless of the source of financing or funding. A public-private agreement procured in compliance with this chapter is not subject to the competitive bid requirements set forth in chapter 39.04 RCW or to the requirements, restrictions, or limits in this chapter regarding design-build, general contractor/construction manager, or job order contract procedures.
(2) This chapter (a) applies if the public body expressly elects to procure the project as a public-private agreement and (b) does not limit a public body's ability to procure, execute, or administer any lease or other form of contract to improve public property or operate a public facility under existing law. A public body may elect to procure professional services for or related to a public-private facility or public-private agreement using procurement procedures otherwise available to the public body for such services.
(3) A transportation project eligible for development under chapter 47.29 RCW is eligible to enter into a public-private agreement under this chapter if it meets the eligibility criteria established in this chapter. A transportation project developed under this chapter must satisfy the requirements of this chapter and is not subject to the requirements of chapter 47.29 RCW.
(4) To use the procurement process provided in this chapter, the public body must, before applying for approval pursuant to section 9 of this act, determine that it is in the best interest of the public. In making this determination, the public body must:
(a) Publish a notice of intent to use this procurement process in a legal newspaper published in or as near as possible to that part of the county where the public work will be constructed. Notice must be published at least fourteen calendar days before conducting a public hearing. The notice must include: The date, time, and location of the hearing; a statement justifying the basis for the procurement process; and how interested parties may, before the hearing, obtain additional information;
(b) Conduct a hearing and provide an opportunity for any interested party to submit written and verbal comments regarding the justification for using this selection process;
(c) After the public hearing, consider the written and verbal comments received and determine if using this procurement process is in the best interests of the public; and
(d) Publish a written final determination. All protests of the decision to use the procurement process must be in writing and submitted to the public body within seven calendar days of the final determination. Any modifications to the criteria, weights, and protest procedures based on comments received during the public hearing process must be included in the final determination.
(5) A public-private agreement must be awarded through a competitive public procurement process set forth in this section using either the request for qualifications-request for proposals process or the request for proposals process. A private entity may submit, and a public body may, but is not obligated to, receive and consider, an unsolicited proposal regarding a potential public-private agreement or public-private facility; however, the public body may not enter into a public-private agreement in connection with such unsolicited proposal without first complying with the competitive public request for qualifications-request for proposals process or the request for proposals process set forth in this section.
(6) The public body must provide adequate public notice of its request for qualifications or request for proposals, which must at a minimum include publishing at least once in a legal newspaper of general circulation published in, or as near as possible to, that part of the state in which the public work will be done, a notice of its request for qualifications or request for proposals, and the availability and location of the request for qualifications or request for proposals. Before issuing a request for qualifications or request for proposals, the public body may, by direct contact or otherwise, seek input from potential applicants who may have an interest or expertise relevant to the project through a request for expression of interest, registration of interest, or otherwise.
(7) For purposes of this section, "request for qualifications-request for proposals process" means the following:
(a) The public body must issue a request for qualifications, including at least the following:
(i) A general description of the project that provides sufficient information for offerors to submit qualifications;
(ii) A description of the intended project delivery method, the reasons for using such method, and the public body's anticipated sources of funding;
(iii) A description of the qualifications required of offerors including, but not limited to, technical competence and experience, financial capacity, capability to perform, any team structure, past performance of the offeror's team or team members, demonstrated ability to meet time and budget requirements, ability to meet performance and payment bond requirements, firm workloads, location, safety records, and other qualifications as determined by the public body;
(iv) The honorarium, if any, to be paid to finalists who submit responsive proposals and who are not awarded a contract. Honorarium payments, if any, must be sufficient to generate meaningful competition among potential proposers and the amount of the honorarium must consider the level of effort required to meet the selection criteria. The request for qualifications must include a statement indicating whether any portion of the honorarium will be paid if the solicitation is canceled before proposals are submitted, and the public body's rights, if any, to utilize intellectual property, including documents, concepts, designs, or information submitted by finalists who are not awarded a contract;
(v) The anticipated schedule for the procurement process and the project;
(vi) A description of the process the public body will use to evaluate qualifications, including evaluation factors, the relative weights of factors, and any specific forms to be used by offerors; and
(vii) Protest procedures.
(b) The public body must establish an evaluation committee to evaluate responses to the request for qualifications based solely on the factors, weighting, and process identified in the request for qualifications and any addenda issued by the public body. Based on the evaluation committee's findings, the public body must select no more than four responsive and responsible offerors as finalists to submit proposals. The public body may reject all qualification submissions and must provide its reasons for rejection in writing to all offerors.
(c) The public body must notify all offerors of the list of finalists selected to move to the next phase of the selection process. At the request of an offeror not selected as a finalist, the public body must provide the requesting offeror a summary of the evaluation results for its proposal. The process may not proceed to the next phase until two business days after all offerors are notified of the public body's selection decision. Any offeror filing a protest on the selection of the finalists must file the protest in accordance with published protest procedures and applicable law. The selection process may not advance to the next phase of selection until two business days after the final protest decision is transmitted to the offeror.
(d) Upon selection of the finalists, the public body must proceed with the request for proposals process with the finalists.
(8) For purposes of this section, the "request for proposals process" means the following:
(a) The public body must issue a request for proposals, consistent with the request for qualifications, if any, including at least the following:
(i) A detailed description of the project including, but not limited to:
(A) The public body's design requirements regarding project features, functions, characteristics, qualities, properties, and parameters;
(B) Requirements and constraints pertaining to the construction, financing, operation, and maintenance of the public-private facility;
(C) Programmatic, performance, and technical requirements and specifications;
(D) Any facility performance goals, validation requirements, and nonperformance terms;
(E) Financial requirements, constraints, incentives, and objectives, including terms of agreement;
(F) Authorized payment mechanisms, provided that the public body may request or permit proposals regarding alternate payment mechanisms and authorize payment mechanisms not specified in the request for proposals;
(ii) A description of the intended project delivery method and the reasons for using such method;
(iii) A description of required proposal development documents, if any, including drawings and other design-related documents that describe the size and character of a public-private facility as to architectural, structural, mechanical, and electrical systems, materials, any maintenance and operation requirements, and such other elements as may be appropriate to the applicable project delivery method;
(iv) A description of the process the public body will use to evaluate offerors' qualifications and proposals, including evaluation factors and the relative weight of factors, and any specific forms to be used;
(A) Evaluation factors must include, but are not limited to: (I) The offeror's qualifications, including technical competence and experience, financial capacity, capability to perform, past performance of the offeror's team, demonstrated ability to meet time and budget requirements, ability to meet performance and payment bond requirements, firm workloads, location, safety records, and accident prevention plan, provided that if using the request for qualifications-request for proposals process the public body may forego this evaluation factor or may utilize the results from the request for qualifications evaluations; (II) compliance with the public body's design and other requirements set forth in the request for proposals; (III) cost or other price-related considerations, which may include short and long-term costs to the public body, the impact on public debt, the anticipated cost savings to the public body by selecting the offeror, and the offeror's fees; (IV) technical and operational feasibility and merit; (V) schedule; (VI) anticipated user fees, charges, or price over the term of the public-private agreement; and (VII) other appropriate factors, if any.
(B) A public body must include as evaluation factors (I) the offeror's specific plans to include participation by small business entities, disadvantaged business entities, veteran-owned businesses, minority and women-owned businesses, and any other underutilized businesses as the public body may designate, and (II) the offeror's plans for labor harmony for the entire term of the public-private agreement, including construction, reconstruction, operation, and capital and routine maintenance. Nothing in this subsection (8)(a)(iv)(B) must be construed to restrain fair and open competition. Regardless of the source of financing or funding for a public-private agreement, this chapter does not prevent a public body from applying any program, factors, goals, or standards regarding such plans to the extent otherwise permitted by law;
(v) Protest procedures;
(vi) The form of the public-private agreement to be awarded;
(vii) The anticipated process and procurement schedule for the project, which may include opportunities for clarifications, interviews, written questions, discussions, confidential discussions, revisions, negotiations, and best-and-final offers, provided that such opportunities must be fairly and equitably available to offerors;
(viii) The honorarium, if any, to be paid to finalists who submit responsive proposals and who are not awarded a contract. Honorarium payments, if any, must be sufficient to generate meaningful competition among potential proposers, and the amount of the honorarium must consider the level of effort required to meet the selection criteria. The request for proposals must include a statement indicating whether any portion of the honorarium will be paid if the solicitation is canceled before proposals are submitted, and the public body's rights, if any, to utilize intellectual property including documents, concepts, designs, or information submitted by finalists who are not awarded a contract. A public body utilizing the request for qualifications-request for proposals procedure satisfies this subsection (8)(a)(viii) if it has specified the honorarium and intellectual property terms in the request for qualifications;
(ix) The public body's intellectual property or other rights, if any, to utilize documents, concepts, designs, or information submitted by offerors who are not awarded a contract; and
(x) Other information relevant to the project.
(b) The public body must establish an evaluation committee to evaluate offerors' proposals. The public body must follow the procurement process described in the request for proposals. Proposals must be evaluated based solely on the factors, weighting, and process identified in the request for proposals and in any addenda published by the public body.
(c) The public body may initiate negotiations with the offeror submitting the highest evaluated proposal. If the public body is unable to successfully negotiate and execute an agreement with the offeror submitting the highest evaluated proposal, negotiations with that offeror may be suspended or terminated and the public body may proceed to negotiate with the next highest evaluated proposer. Public bodies may continue in accordance with this procedure until an agreement is reached or the selection process is terminated.
(d) The public body must notify all offerors of the selection decision and make a selection summary of the final proposals available to all offerors within two business days of such notification. If the public body receives a timely written protest, the public body may not execute an agreement until two business days after the final protest decision is transmitted to the protestor. The protestor must submit its protest in accordance with the published protest procedures.
(e) Upon completion of the request for proposals process, the public body must make, or cause to be made, the honorarium payments specified in the request for qualifications and request for proposals to finalists who submit responsive proposals and who are not awarded a contract.
(9) The public disclosure and inspection requirements set forth in RCW 39.10.470 apply to procurements under this chapter, and statements of qualifications, proposals, and other documents and information submitted as part of the request for proposals or request for qualifications-request for proposals process must be treated in the same manner as proposals by design-build finalists pursuant to RCW 39.10.470(3).
NEW SECTION.  Sec. 3.  (1) The request for proposals regarding a public-private agreement must contain a draft form of agreement.
(2) After selecting an offeror's proposal and completing any negotiations with such offeror, the public body may enter into the public-private agreement with the selected private entity. An affected jurisdiction may be a party to a public-private agreement entered into by another public body.
(3) All public-private agreements procured under this chapter must include provisions expressly addressing each of the following:
(a) The planning, permitting, acquisition, engineering, financing, development, design, construction, reconstruction, replacement, improvement, maintenance, management, repair, or operation of a public-private facility, including provisions for the replacement and relocation of utility facilities;
(b) The term of the public-private agreement, which must not exceed fifty years unless authorized in the review process described in section 9 of this act;
(c) The type of interest, if any, the concessionaire has in the public-private facility, and the means of compensation to the concessionaire, whether through direct payment by the public body, user fees, grants, credits, property, or otherwise, and any incentives or deductions based on performance, safety, or other criteria;
(d) Whether user fees will be collected on the public-private facility, and the basis by which such user fees will be determined and modified;
(e) Grounds for termination of the public-private agreement by the public body or concessionaire, and the procedures and compensation, if any, upon termination;
(f) A security package securing the performance of the public-private agreement and protecting the public body in the event of default or nonperformance by the concessionaire or its subcontractors, which may include, in the public body's discretion, performance bonds, letters of credit, security interests, or other measures;
(g) Filing by the concessionaire, on a periodic basis, of performance, service, utilization, efficiency, financial, and other reports identified by the public body, in a form acceptable to the public body;
(h) The rights and duties of the concessionaire, the public body, and other state and local governmental entities with respect to use of the public-private facility;
(i) Provisions requiring the concessionaire to:
(i) Cause a bond for the construction price to be executed and delivered consistent with the requirements of chapter 39.08 RCW, provided that for a public-private agreement entered into pursuant to this section, the term "subcontractors," as used in RCW 39.08.010, includes professional design consultants and sub-tier consultants engaged by the concessionaire or its contractors;
(ii) Require payment of prevailing wages for labor performed on the project in accordance with chapter 39.12 RCW; and
(iii) Implement plans for (A) participation by small business entities, disadvantaged business entities, veteran-owned businesses, minority and women-owned businesses, and any other underutilized businesses as the concessionaire or public body may designate, and (B) compliance with chapter 39.19 RCW;
(j) The concessionaire's plans for labor harmony for the entire term of the agreement, including construction, reconstruction, and capital and routine maintenance and adequate remedies to address the concessionaire's failure to maintain labor harmony, which may include assessment of liquidated damages and contract termination;
(k) The condition of physical quality, maintenance, and repair in which the concessionaire must provide the public-private facility to the public body upon expiration of the public-private agreement;
(l) Any restrictions or terms regarding the procurement or development of other projects that may compete with or otherwise impact the revenues, cost, or operation of the public-private facility; and
(m) Other terms and conditions as the public body may deem appropriate.
NEW SECTION.  Sec. 4.  Unless otherwise provided, upon the end of the term of the public-private agreement or in the event of termination of the public-private agreement, the public body and duties of the concessionaire cease, except any duties and obligations that extend beyond the termination as provided in the public-private agreement. All rights, title, and interest in such public-private facility and all property involved in the facility must revert to the public body to the extent owned by the public body before the public-private agreement or acquired by the public body for the public-private agreement and must be dedicated to the public body for public use.
NEW SECTION.  Sec. 5.  Upon the occurrence and during the continuation of a material default of the public-private agreement by a concessionaire, after notice and opportunity for the concessionaire or its financing institution to cure, the public body may:
(1) Elect to take over the public-private facility, including the succession of all rights, title, and interest in the public-private facility and may assume the concessionaire's rights and obligations pursuant to any contracts related to the public-private facility; and
(2) Terminate the public-private agreement and exercise any other rights and remedies available.
NEW SECTION.  Sec. 6.  (1) The public body may issue and sell bonds or notes of the public body for the purpose of providing funds to carry out this chapter, with respect to the development, financing, or operation of a public-private facility or the refunding of any bonds or notes, together with any costs associated with the transaction.
(2) For the purpose of financing a public-private facility, the public body and concessionaire may apply for, obtain, issue, and use any funding available under any federal law or program. A nonexhaustive list of examples include private activity bonds, transportation infrastructure finance and innovation act funding, water infrastructure finance and innovation act funding, or railroad rehabilitation and improvement financing. Other federal or other funding programs may also be utilized.
(3) This section does not limit a public body or any authority of the state of Washington from issuing bonds for public works projects.
NEW SECTION.  Sec. 7.  (1)(a) The public body may accept from the United States, the state of Washington, or any of their agencies funds for developing a public-private facility or carrying out a public-private agreement, whether the funds are made available by grant, loan, or other financial assistance.
(b) The public body may enter into agreements or other arrangements with the United States, the state of Washington, or any of their agencies to facilitate the development, execution, or administration of a public-private facility or public-private agreement.
(2) The public body may accept from any source any grant, donation, gift, or other form of conveyance of land, money, other real or personal property, or other item of value made to the public body for developing a public-private facility or carrying out a public-private agreement.
(3) Any public-private facility or public-private agreement may be financed in whole or in part by contribution of any funds or property made by any public body, private entity, or affected jurisdiction.
(4) The public body may combine federal, state, local, and private funds to finance a public-private agreement or public-private facility.
NEW SECTION.  Sec. 8.  Every public-private agreement must provide for, and the public body must otherwise ensure that adequate provision is made for, the following:
(1) Payment of all subcontractors, suppliers, and laborers, which must, at a minimum, include the provision of a payment bond in compliance with chapter 39.08 RCW, which is required regardless of the ownership or control of any property involved in the public-private agreement or the public-private facility;
(2) Payment of prevailing wages in accordance with chapter 39.12 RCW;
(3) Prompt payment to the concessionaire and subcontractors pursuant to RCW 39.04.250. RCW 39.04.250 applies only to the extent of payments to be made by the public body; and
(4) Participation plans for (a) small business entities, disadvantaged business entities, veteran-owned businesses, minority and women-owned businesses, and any other underutilized businesses as the public body may designate, and (b) compliance with chapter 39.19 RCW.
NEW SECTION.  Sec. 9.  (1) The capital projects advisory review board must establish a public-private project review subcommittee of the project review committee to review applications regarding public-private agreements. The public-private project review subcommittee must include individuals with expertise in the fields of public policy, private finance, management consulting, engineering, architectural design, construction, construction management, labor, women and minority-owned businesses, public-private partnerships, operations and maintenance, and public works law. Members of the public-private project review subcommittee must be nominated by the project review committee and approved by the capital projects advisory review board in sufficient numbers such that each proposed public-private agreement is reviewed by a panel of members with each of the areas of expertise as listed in this subsection. A member of the public-private project review subcommittee may satisfy more than one of the required areas of expertise. The public-private project review subcommittee may include members of the project review committee.
(2) A public body desiring to procure a public-private agreement must apply for and receive approval of the procurement method as set forth in this section. The public-private project review subcommittee and the public body must follow the process and apply the review standards set forth in RCW 39.10.280, including a public meeting and consideration of public comment. The public-private project review subcommittee must provide a written recommendation and rationale to the capital projects advisory review board, along with the application package. The board must approve or disapprove the application. Such approval or disapproval does not constitute a decision on the merit of the proposed project, but is limited to approval or disapproval of the public body's proposed alternative public works procurement method only. The capital projects advisory review board may publish additional information, implementation manuals, best practices, guidelines, or criteria for consideration in evaluating proposed public-private procurement applications.
(3) An application regarding a public-private agreement is not subject to and does not affect the number of projects or dollar values to be reviewed by the project review committee under RCW 39.10.250.
(4) In its application regarding a public-private agreement, the public body must provide a project report, in a form acceptable to the public-private project review subcommittee, describing the public body's intended team for the project, the experience and expertise of the team and key personnel, the public body's reasons for using the selected procurement method, and the reasons such procurement method is suited to the intended project. The project report may include, but is not limited to, the public body's descriptions of the following information: (a) A general description of the proposed public-private facility and public-private agreement; (b) the policy and regulatory structure for overseeing the public-private facility and its operations; (c) the public body's preliminary business case analysis, if any; (d) preliminary discussion of financial data, pro formas, cost and revenue allocation, taxation, profit sharing, and anticipated public and private funding sources; (e) general financial evaluation of the public-private facility, including the public body's preliminary draft value-for-money analysis, if any; (f) additional responsibilities by both the private concessionaire and the public body during the agreement period; (g) the anticipated advantages of entering into the anticipated public-private agreement; and (h) the public body's plans to protect the interests of subcontractors, suppliers, and laborers, and to include participation by minority, women-owned, veteran-owned, small, disadvantaged, or underutilized businesses.
(5) Deviation from the requirements of this public-private agreement provides grounds for denial of the procurement method, but does not invalidate any public-private agreement after approval or award except through timely protest to the public body pursuant to section 2 of this act and the public body's published protest procedures.
(6) The public body must submit an annual project report to the project review committee addressing the operation and financial performance of the public-private facility and public-private agreement and the public body's compliance and deviation from the project report submitted in the public body's application. The annual report must be submitted during construction and the first five years of operation of the public-private facility.
(7) The board may authorize a maximum of four public-private agreement procurements per year. If more than four applications are received in a single year during such time, the public-private project review subcommittee and capital projects advisory review board must make reasonable efforts to balance the types of projects recommended pursuant to subsection (2) of this section. The capital projects advisory review board may establish processes, forms, guidelines, and deadlines for submitting and reviewing applications to promote fairness and avoid unnecessary expense. The capital projects advisory review board may additionally impose reporting requirements regarding project performance and propose to the legislature modifications to improve the procurement and implementation of public-private agreements.
Sec. 10.  RCW 39.10.230 and 2013 c 222 s 3 are each amended to read as follows:
The board has the following powers and duties:
(1) Develop and recommend to the legislature policies to further enhance the quality, efficiency, and accountability of capital construction projects through the use of traditional and alternative delivery methods in Washington, and make recommendations regarding expansion, continuation, elimination, or modification of the alternative public works contracting methods;
(2) Evaluate the use of existing contracting procedures and the potential future use of other alternative contracting procedures including competitive negotiation contracts;
(3) Submit recommendations to the appropriate committees of the legislature evaluating alternative contracting procedures that are not authorized under this chapter;
(4) Appoint members of committees and approve or disapprove applications to utilize the public-private agreement procurement method pursuant to section 9 of this act; and
(5) Develop and administer questionnaires designed to provide quantitative and qualitative data on alternative public works contracting procedures on which evaluations are based.
The capital projects advisory review board is directed to review current statutes regarding life-cycle cost analysis and energy efficiency as related to the design-build procurement method performed under this chapter (( 39.10 RCW)). Capital projects advisory review board shall report to the appropriate committees of the legislature by December 31, 2013, with recommendations for statutory changes that promote energy efficiency and reduce the total cost to construct, operate, and maintain public buildings. Recommendation must include provisions for postoccupancy validation of estimated energy efficiency measures, and operating and maintenance cost estimates. Life-cycle estimates of energy use must include estimates of energy consumptions for materials used in construction.
Sec. 11.  RCW 43.131.408 and 2017 c 211 s 2 and 2017 c 136 s 2 are each reenacted and amended to read as follows:
The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2022:
(1) RCW 39.10.200 and 2010 1st sp.s. c 21 s 2, 2007 c 494 s 1, & 1994 c 132 s 1;
(2) RCW 39.10.210 and 2014 c 42 s 1 & 2013 c 222 s 1;
(3) RCW 39.10.220 and 2013 c 222 s 2, 2007 c 494 s 102, & 2005 c 377 s 1;
(4) RCW 39.10.230 and 2018 c . . . s 10 (section 10 of this act), 2013 c 222 s 3, 2010 1st sp.s. c 21 s 3, 2009 c 75 s 1, 2007 c 494 s 103, & 2005 c 377 s 2;
(5) RCW 39.10.240 and 2013 c 222 s 4 & 2007 c 494 s 104;
(6) RCW 39.10.250 and 2013 c 222 s 5, 2009 c 75 s 2, & 2007 c 494 s 105;
(7) RCW 39.10.260 and 2013 c 222 s 6 & 2007 c 494 s 106;
(8) RCW 39.10.270 and 2017 c 211 s 1, 2013 c 222 s 7, 2009 c 75 s 3, & 2007 c 494 s 107;
(9) RCW 39.10.280 and 2014 c 42 s 2, 2013 c 222 s 8, & 2007 c 494 s 108;
(10) RCW 39.10.290 and 2007 c 494 s 109;
(11) RCW 39.10.300 and 2013 c 222 s 9, 2009 c 75 s 4, & 2007 c 494 s 201;
(12) RCW 39.10.320 and 2013 c 222 s 10, 2007 c 494 s 203, & 1994 c 132 s 7;
(13) RCW 39.10.330 and 2014 c 19 s 1, 2013 c 222 s 11, 2009 c 75 s 5, & 2007 c 494 s 204;
(14) RCW 39.10.340 and 2014 c 42 s 3, 2013 c 222 s 12, & 2007 c 494 s 301;
(15) RCW 39.10.350 and 2014 c 42 s 4 & 2007 c 494 s 302;
(16) RCW 39.10.360 and 2014 c 42 s 5, 2013 c 222 s 13, 2009 c 75 s 6, & 2007 c 494 s 303;
(17) RCW 39.10.370 and 2014 c 42 s 6 & 2007 c 494 s 304;
(18) RCW 39.10.380 and 2013 c 222 s 14 & 2007 c 494 s 305;
(19) RCW 39.10.385 and 2013 c 222 s 15 & 2010 c 163 s 1;
(20) RCW 39.10.390 and 2014 c 42 s 7, 2013 c 222 s 16, & 2007 c 494 s 306;
(21) RCW 39.10.400 and 2013 c 222 s 17 & 2007 c 494 s 307;
(22) RCW 39.10.410 and 2007 c 494 s 308;
(23) RCW 39.10.420 and 2017 c 136 s 1 & 2016 c 52 s 1;
(24) RCW 39.10.430 and 2007 c 494 s 402;
(25) RCW 39.10.440 and 2015 c 173 s 1, 2013 c 222 s 19, & 2007 c 494 s 403;
(26) RCW 39.10.450 and 2012 c 102 s 2 & 2007 c 494 s 404;
(27) RCW 39.10.460 and 2012 c 102 s 3 & 2007 c 494 s 405;
(28) RCW 39.10.470 and 2014 c 19 s 2, 2005 c 274 s 275, & 1994 c 132 s 10;
(29) RCW 39.10.480 and 1994 c 132 s 9;
(30) RCW 39.10.490 and 2013 c 222 s 20, 2007 c 494 s 501, & 2001 c 328 s 5;
(31) RCW 39.10.900 and 1994 c 132 s 13;
(32) RCW 39.10.901 and 1994 c 132 s 14;
(33) RCW 39.10.903 and 2007 c 494 s 510;
(34) RCW 39.10.904 and 2007 c 494 s 512; and
(35) RCW 39.10.905 and 2007 c 494 s 513.
NEW SECTION.  Sec. 12.  Except for sections 10 and 11 of this act, this act expires four years after the effective date of this section.
NEW SECTION.  Sec. 13.  Sections 1 through 9 of this act constitute a new chapter in Title 39 RCW.
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